Indian Polity • ConstitutionHard
Analyze the historical evolution and legal validity of Constitutional Amendments under Article 368: 1. The power to amend the Constitution includes the power to alter its basic structure as long as a special majority is obtained in both Houses. 2. The 24th Constitutional Amendment Act made it obligatory for the President to give assent to a constitutional amendment bill passed under Article 368. 3. In the Golaknath case (1967), the Supreme Court held that Parliament cannot curtail or take away any Fundamental Rights through constitutional amendments. Which of the statements given above are correct?
A. 1 and 2 only
B. 2 and 3 only✓ Correct Answer
C. 1 and 3 only
D. 1, 2 and 3
💡 Solution & Explanation
Statements 2 and 3 are correct. The 24th Amendment explicitly affirmed presidential assent obligation for constitutional amendments and affirmed parliamentary power to amend any part of the Constitution. Statement 1 is incorrect because the basic structure doctrine prohibits Parliament from altering the core framework of the Constitution even with a special majority. The Golaknath verdict established that Fundamental Rights possessed a transcendental position precluding parliamentary abridgment.
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